Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing Permits, 38987-38988 [E8-15375]
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Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices
All–Others Rate
For the final determination, we have
continued to assign as the all–others
rate the simple average of the margins
in the petition in accordance with the
Department’s current practice. See
Preliminary Determination, 73 FR at
21912, and Comment 2 of the Decision
Memorandum accompanying this notice
for further discussion.
determines that such injury does exist,
the Department will issue an
antidumping duty order directing CBP
to assess antidumping duties on all
imports of the subject merchandise
entered, or withdrawn from warehouse,
for consumption on or after the effective
date of the suspension of liquidation.
Notification Regarding APO
This notice also serves as a reminder
to parties subject to administrative
protective order (APO) of their
responsibility concerning the
disposition of proprietary information
disclosed under APO in accordance
with 19 CFR 351.305. Timely
notification of return/destruction of
Manufacturer/exporter
Margin (percent)
APO materials or conversion to judicial
BASF AG ......................
237.00 protective order is hereby requested.
All Others ......................
150.82 Failure to comply with the regulations
and the terms of an APO is a
Continuation of Suspension of
sanctionable violation.
Liquidation
This determination is issued and
Pursuant to section 735(c)(1)(B) of the published pursuant to sections 735(d)
and 777(i)(1) of the Act.
Act, we will instruct U.S. Customs and
Border Protection (CBP) to continue to
Dated: June 30, 2008.
suspend liquidation of all entries of
David M. Spooner,
subject merchandise from Germany,
Assistant Secretary for Import
entered, or withdrawn from warehouse, Administration.
for consumption on or after April 23,
Appendix—Issues in Decision
2008, the date of publication of the
Memorandum
Preliminary Determination. We will
instruct CBP to require a cash deposit or Comments
the posting of a bond equal to the
Issue 1: Selection of the Adverse Facts
weighted–average dumping margins, as
indicated in the chart above, as follows: Available Rate for BASF
(1) the rate for the firm listed above will Issue 2: Selection of the All–Others Rate
[FR Doc. E8–15458 Filed 7–7–08; 8:45 am]
be the rate we have determined in this
final determination; (2) if the exporter is BILLING CODE 3510–DS–S
not a firm identified in this
investigation, but the producer is, the
DEPARTMENT OF COMMERCE
rate will be the rate established for the
producer of the subject merchandise; (3)
National Oceanic and Atmospheric
the rate for all other producers or
Administration
1 These
exporters will be 150.82 percent.
RIN 0648–XI83
suspension–of-liquidation instructions
will remain in effect until further notice.
Magnuson-Stevens Act Provisions;
International Trade Commission
General Provisions for Domestic
Notification
Fisheries; Application for Exempted
Fishing Permits
In accordance with section 735(d) of
the Act, we have notified the
AGENCY: National Marine Fisheries
International Trade Commission (ITC) of
Service (NMFS), National Oceanic and
our final determination. As our final
Atmospheric Administration (NOAA),
determination is affirmative and in
Commerce.
accordance with section 735(b)(2) of the
ACTION: Notice; request for comments.
Act, the ITC will determine, within 45
days, whether the domestic industry in
SUMMARY: The Assistant Regional
the United States is materially injured,
Administrator for Sustainable Fisheries,
or threatened with material injury, by
Northeast Region, NMFS (Assistant
reason of imports or sales (or the
Regional Administrator), has made a
likelihood of sales) for importation of
preliminary determination that an
the subject merchandise. If the ITC
Exempted Fishing Permit (EFP)
ebenthall on PRODPC60 with NOTICES
Final Determination of Investigation
We determine that the following
weighted–average dumping margins
exist for the period October 1, 2006,
through September 30, 2007:
1 This rate was incorrectly stated as 237.00
percent in the ‘‘Suspension of Liquidation’’ section
of the Preliminary Determination. See Preliminary
Determination, 73 FR at 21912.
VerDate Aug<31>2005
15:11 Jul 07, 2008
Jkt 214001
application submitted by the University
of New England (UNE) and the New
England Aquarium (NEA) contains all of
the required information and warrants
PO 00000
Frm 00020
Fmt 4703
Sfmt 4703
38987
further consideration. The Assistant
Regional Administrator has made a
preliminary determination that the
activities authorized under this EFP
would be consistent with the goals and
objectives of the Northeast (NE) Skate
Complex and NE Multispecies Fishery
Management Plans (FMPs). However,
further review and consultation may be
necessary before a final determination is
made to issue an EFP. Therefore, NMFS
announces that the Assistant Regional
Administrator proposes to recommend
that an EFP be issued that would allow
two commercial fishing vessels to
conduct fishing operations that are
otherwise restricted by the regulations
governing the fisheries of the
Northeastern United States. This EFP,
which would enable researchers to
study the immediate and short-term
post-release mortality of skates, would
grant exemptions from the regulations
as follows: Retaining, possessing, or
landing prohibited skate species, and
skate possession limits for sampling
purposes.
Regulations under the MagnusonStevens Fishery Conservation and
Management Act require publication of
this notification to provide interested
parties the opportunity to comment on
applications for proposed EFPs.
DATES: Comments must be received on
or before July 23, 2008.
ADDRESSES: You may submit written
comments by any of the following
methods:
• Email: DA8–145@noaa.gov. Include
in the subject line ‘‘Comments on UNE/
NEA skate bycatch mortality EFP.’’
• Mail: Patricia A. Kurkul, Regional
Administrator, NMFS, NE Regional
Office, 1 Blackburn Drive, Gloucester,
MA 01930. Mark the outside of the
envelope ‘‘Comments on UNE/NEA
skate bycatch mortality EFP, DA8–145.’’
• Fax: (978) 281–9135.
FOR FURTHER INFORMATION CONTACT:
Emily Bryant, Fishery Management
Specialist, 978–281–9244.
SUPPLEMENTARY INFORMATION: An
application for an EFP was submitted on
June 12, 2008, by Dr. James Sulikowski,
from the Marine Science Center of UNE,
for a project funded by the NOAA
Saltonstall-Kennedy Grant Program. The
primary goal of this project is to provide
data to determine the immediate and
short-term survivability of winter,
smooth, little, and thorny skates. This
research could provide valuable
information for future skate
management objectives. Results will be
provided to the Northeast Fisheries
Science Center and the New England
Fishery Management Council.
Researchers will also disseminate
E:\FR\FM\08JYN1.SGM
08JYN1
ebenthall on PRODPC60 with NOTICES
38988
Federal Register / Vol. 73, No. 131 / Tuesday, July 8, 2008 / Notices
results to a public audience at the NEA
to increase awareness of skate
conservation.
Since the stocks of these species are
at or near overfished biomass
thresholds, and winter and little skates
are subject to directed fisheries, research
on bycatch mortality of these species is
needed. In order to conduct this
research, the principal investigators
have requested an exemption from
possessing and handling prohibited
skate species. Additionally, an
exemption from skate possession
restrictions would authorize project
investigators to temporarily possess fish
for scientific data collection purposes
prior to returning all fish to the sea.
Two vessels would each conduct 50
trips in conjunction with commercial
days-at-sea (DAS) trips, with one vessel
fishing with commercial otter trawl gear
and the other fishing with commercial
gillnets. Both vessels would use
standard commercial gear. Tows would
vary in time among 30, 60, and 120
minutes to account for variations in tow
duration that occur under normal
fishing conditions. Gillnet soak times
would vary but not exceed 24 hr. Two
fishing trials would be conducted. The
first would occur from September
through November 2008. The second
would occur from March through May
2009. Research would occur in the
inshore and offshore waters off of New
Hampshire and southern Massachusetts.
These areas support the vast majority of
skate landings that can also be accessed
during normal fishing operations. All
fishing would occur as day trips, and no
fishing would occur in closed areas or
during rolling closures. Only winter,
thorny, smooth and little skates would
be used for scientific research purposes.
Northeast multispecies would be landed
and sold, up to the current DAS
possession limits.
The researchers propose fishing a
total of 100 sea days; 50 days fishing
with gillnet gear and 50 fishing with
trawl gear. In other words, each vessel
would fish for 25 days during each of
the 2 trials (fall and spring). The
objective is to assess at least 300
specimens of each of the 4 skate species
per season, for a total 1,200 specimens
per season, and 2,400 specimens for the
entire project. The researchers plan to
stagger trials in order to both deploy and
retrieve pens on a given day, thus
maximizing the number of trials that
can be conducted in the proposed
number of sea days.
In order to identify possible
influences on discard mortality, the
following variables would be recorded:
Deck-time, season (fall, spring), depth of
fishing, air and bottom seawater
VerDate Aug<31>2005
15:11 Jul 07, 2008
Jkt 214001
temperatures, estimated weight of catch,
the total length and gender of skates,
and handling techniques (e.g., picked or
not picked; duration of deck exposure).
When catch is hauled aboard, all skates
would be tagged with spaghetti tags.
Skates would either be immediately
placed into a live well by one of the
handling methods (without a pick or
with a pick) or remain on the deck for
15 and 30 minutes before being
transferred to live wells. While in the
wells, specimens would be visually
assessed. Any specimens that die prior
to placement within a net pen would be
placed on ice for subsequent necropsy.
Viable skates would be placed in
experimental holding pens to be
submerged and deployed to the seafloor
for 72-hour trials. A total of 8 net pens
would be used, with 20 to 40 skates in
each pen. The modified basic shape
would form a three-dimensional
hexagon with each of the six rectangular
sides measuring 5 ft (height) x 6 ft
(length). Two PVC skeletons would be
used for the bottom and top of each pen.
Six vertical sections 5 feet in height
would support the structure. The
netting covering the pen would consist
of 3 or 4–inch diamond mesh tetra
twine. The base of each pen would be
filled and weighted down with a heavy
composite and would be affixed to the
seafloor by 2 or 3 40–pound mushroom
anchors to reduce the likelihood of pen
rollover. Pens would be maneuvered in
the water column using bridles secured
to whale-safe swivels connected to a
main tag line. Each pen would be
marked at the surface with a highflyer
and buoy.
In order to conduct control trials,
UNE proposes to capture a few skates by
handlines. If it proves to be unfeasible
to capture enough skates by this method
to make a statistically robust number of
trials, vessels would conduct
abbreviated trawls (e.g., 5-minute tows)
to obtain minimally stressed controls.
The applicant may request minor
modifications and extensions to the EFP
throughout the year. EFP modifications
and extensions may be granted without
further notice if they are deemed
essential to facilitate completion of the
proposed research and have minimal
impacts that do not change the scope or
impact of the initially approved EFP
request. Any fishing activity conducted
outside the scope of the exempted
fishing activity would be prohibited.
PO 00000
Authority: 16 U.S.C. 1801 et seq.
Frm 00021
Fmt 4703
Sfmt 4703
Dated: July 1, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. E8–15375 Filed 7–7–08; 8:45 am]
BILLING CODE 3510–22–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
Federal Consistency Appeal by
Foothill/Eastern Transportation
Corridor Agency
National Oceanic and
Atmospheric Administration (NOAA),
Department of Commerce (Commerce).
ACTION: Notice of Public Hearing.
AGENCY:
SUMMARY: This notice provides
information about a public hearing to be
held by the National Oceanic and
Atmospheric Administration (NOAA) in
Irvine, California. The hearing involves
an administrative appeal filed with the
Department of Commerce by the
Foothill/Eastern Transportation
Corridor Agency and its board of
directors (TCA). This notice also
announces the reopening of the public
and Federal agency comment period for
the TCA Consistency Appeal, beginning
July 21, 2008 and running through
August 4, 2008.
DATES: NOAA will conduct a public
hearing in the TCA Consistency Appeal
on July 25, 2008. The hearing will begin
at 10:30 a.m. and will continue until
8:30 p.m. Speaker registration begins at
10 a.m. on the day of the hearing.
ADDRESSES: The public hearing and
speaker registration will be held at the
University of California, Irvine, Bren
Events Center, 100 Bren Events Center,
Irvine, California 92697. Written
comments on issues relevant to the
Secretary’s decision in this appeal may
be submitted at the hearing. In addition,
from July 21, 2008 to August 4, 2008,
comments may be submitted by e-mail
to gcos.comment@noaa.gov or by mail
addressed to Thomas Street at the
NOAA Office of the General Counsel for
Ocean Services, 1305 East-West
Highway, Room 6111, Silver Spring, MD
20910.
FOR FURTHER INFORMATION CONTACT:
Thomas Street, Attorney-Advisor,
NOAA Office of the General Counsel,
301–713–2967, or Stephanie Campbell,
Attorney-Advisor, NOAA Office of the
General Counsel, 301–713–2967, or
gcos.inquiries@noaa.gov.
SUPPLEMENTARY INFORMATION: On
February 15, 2008, TCA filed notice of
an appeal with the Secretary of
E:\FR\FM\08JYN1.SGM
08JYN1
]]>Agencies
[Federal Register Volume 73, Number 131 (Tuesday, July 8, 2008)]
[Notices]
[Pages 38987-38988]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-15375]
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
RIN 0648-XI83
Magnuson-Stevens Act Provisions; General Provisions for Domestic
Fisheries; Application for Exempted Fishing Permits
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice; request for comments.
-----------------------------------------------------------------------
SUMMARY: The Assistant Regional Administrator for Sustainable
Fisheries, Northeast Region, NMFS (Assistant Regional Administrator),
has made a preliminary determination that an Exempted Fishing Permit
(EFP) application submitted by the University of New England (UNE) and
the New England Aquarium (NEA) contains all of the required information
and warrants further consideration. The Assistant Regional
Administrator has made a preliminary determination that the activities
authorized under this EFP would be consistent with the goals and
objectives of the Northeast (NE) Skate Complex and NE Multispecies
Fishery Management Plans (FMPs). However, further review and
consultation may be necessary before a final determination is made to
issue an EFP. Therefore, NMFS announces that the Assistant Regional
Administrator proposes to recommend that an EFP be issued that would
allow two commercial fishing vessels to conduct fishing operations that
are otherwise restricted by the regulations governing the fisheries of
the Northeastern United States. This EFP, which would enable
researchers to study the immediate and short-term post-release
mortality of skates, would grant exemptions from the regulations as
follows: Retaining, possessing, or landing prohibited skate species,
and skate possession limits for sampling purposes.
Regulations under the Magnuson-Stevens Fishery Conservation and
Management Act require publication of this notification to provide
interested parties the opportunity to comment on applications for
proposed EFPs.
DATES: Comments must be received on or before July 23, 2008.
ADDRESSES: You may submit written comments by any of the following
methods:
Email: DA8-145@noaa.gov. Include in the subject line
``Comments on UNE/NEA skate bycatch mortality EFP.''
Mail: Patricia A. Kurkul, Regional Administrator, NMFS, NE
Regional Office, 1 Blackburn Drive, Gloucester, MA 01930. Mark the
outside of the envelope ``Comments on UNE/NEA skate bycatch mortality
EFP, DA8-145.''
Fax: (978) 281-9135.
FOR FURTHER INFORMATION CONTACT: Emily Bryant, Fishery Management
Specialist, 978-281-9244.
SUPPLEMENTARY INFORMATION: An application for an EFP was submitted on
June 12, 2008, by Dr. James Sulikowski, from the Marine Science Center
of UNE, for a project funded by the NOAA Saltonstall-Kennedy Grant
Program. The primary goal of this project is to provide data to
determine the immediate and short-term survivability of winter, smooth,
little, and thorny skates. This research could provide valuable
information for future skate management objectives. Results will be
provided to the Northeast Fisheries Science Center and the New England
Fishery Management Council. Researchers will also disseminate
[[Page 38988]]
results to a public audience at the NEA to increase awareness of skate
conservation.
Since the stocks of these species are at or near overfished biomass
thresholds, and winter and little skates are subject to directed
fisheries, research on bycatch mortality of these species is needed. In
order to conduct this research, the principal investigators have
requested an exemption from possessing and handling prohibited skate
species. Additionally, an exemption from skate possession restrictions
would authorize project investigators to temporarily possess fish for
scientific data collection purposes prior to returning all fish to the
sea.
Two vessels would each conduct 50 trips in conjunction with
commercial days-at-sea (DAS) trips, with one vessel fishing with
commercial otter trawl gear and the other fishing with commercial
gillnets. Both vessels would use standard commercial gear. Tows would
vary in time among 30, 60, and 120 minutes to account for variations in
tow duration that occur under normal fishing conditions. Gillnet soak
times would vary but not exceed 24 hr. Two fishing trials would be
conducted. The first would occur from September through November 2008.
The second would occur from March through May 2009. Research would
occur in the inshore and offshore waters off of New Hampshire and
southern Massachusetts. These areas support the vast majority of skate
landings that can also be accessed during normal fishing operations.
All fishing would occur as day trips, and no fishing would occur in
closed areas or during rolling closures. Only winter, thorny, smooth
and little skates would be used for scientific research purposes.
Northeast multispecies would be landed and sold, up to the current DAS
possession limits.
The researchers propose fishing a total of 100 sea days; 50 days
fishing with gillnet gear and 50 fishing with trawl gear. In other
words, each vessel would fish for 25 days during each of the 2 trials
(fall and spring). The objective is to assess at least 300 specimens of
each of the 4 skate species per season, for a total 1,200 specimens per
season, and 2,400 specimens for the entire project. The researchers
plan to stagger trials in order to both deploy and retrieve pens on a
given day, thus maximizing the number of trials that can be conducted
in the proposed number of sea days.
In order to identify possible influences on discard mortality, the
following variables would be recorded: Deck-time, season (fall,
spring), depth of fishing, air and bottom seawater temperatures,
estimated weight of catch, the total length and gender of skates, and
handling techniques (e.g., picked or not picked; duration of deck
exposure). When catch is hauled aboard, all skates would be tagged with
spaghetti tags. Skates would either be immediately placed into a live
well by one of the handling methods (without a pick or with a pick) or
remain on the deck for 15 and 30 minutes before being transferred to
live wells. While in the wells, specimens would be visually assessed.
Any specimens that die prior to placement within a net pen would be
placed on ice for subsequent necropsy.
Viable skates would be placed in experimental holding pens to be
submerged and deployed to the seafloor for 72-hour trials. A total of 8
net pens would be used, with 20 to 40 skates in each pen. The modified
basic shape would form a three-dimensional hexagon with each of the six
rectangular sides measuring 5 ft (height) x 6 ft (length). Two PVC
skeletons would be used for the bottom and top of each pen. Six
vertical sections 5 feet in height would support the structure. The
netting covering the pen would consist of 3 or 4-inch diamond mesh
tetra twine. The base of each pen would be filled and weighted down
with a heavy composite and would be affixed to the seafloor by 2 or 3
40-pound mushroom anchors to reduce the likelihood of pen rollover.
Pens would be maneuvered in the water column using bridles secured to
whale-safe swivels connected to a main tag line. Each pen would be
marked at the surface with a highflyer and buoy.
In order to conduct control trials, UNE proposes to capture a few
skates by handlines. If it proves to be unfeasible to capture enough
skates by this method to make a statistically robust number of trials,
vessels would conduct abbreviated trawls (e.g., 5-minute tows) to
obtain minimally stressed controls.
The applicant may request minor modifications and extensions to the
EFP throughout the year. EFP modifications and extensions may be
granted without further notice if they are deemed essential to
facilitate completion of the proposed research and have minimal impacts
that do not change the scope or impact of the initially approved EFP
request. Any fishing activity conducted outside the scope of the
exempted fishing activity would be prohibited.
Authority: 16 U.S.C. 1801 et seq.
Dated: July 1, 2008.
Emily H. Menashes
Acting Director, Office of Sustainable Fisheries, National Marine
Fisheries Service.
[FR Doc. E8-15375 Filed 7-7-08; 8:45 am]
BILLING CODE 3510-22-S
